Trump Administration Proposes Significant Revisions to Endangered Species Act Implementing Regulations

On November 19, 2025, the Department of the Interior unveiled four proposed regulation changes streamlining and reducing regulatory burdens under the federal Endangered Species Act ("ESA"), effectively reverting ESA implementation to the previous standards promulgated under President Trump's first administration in 2019 and 2020. The proposed revisions appear aimed at reducing unnecessary permitting burdens, balancing economic and preservation goals, and aligning federal actions with the administration's emphasis on resource development priorities.

In addition to revising ESA regulations finalized in 2024 under the Biden Administration, the four proposed rule changes implement President Trump's Executive Orders 14154 (Unleashing American Energy) and 14219 (Department of Government Efficiency), as well the Secretary of the Interior's Order 3418 (directing agencies to reduce or remove regulatory barriers to resource development and economic growth while maintaining some conservation commitments).

Four Proposed Rules

Listing and critical habitat (50 CFR part 424)

A joint regulation by the U.S. Fish & Wildlife Service ("USFWS") and National Marine Fisheries Service ("NMFS") proposes to restore previously promulgated (2019) regulatory text governing listing, delisting, and critical habitat determinations. Notably, that text allows listing and habitat designation decisions to utilize both the best scientific and commercial data available, while specifically allowing for the consideration of economic impacts. The regulation also reestablishes the two-step process for designating unoccupied habitat, limits the definition of "foreseeable future," and reinstates flexibility to determine when designating critical habitat is not prudent based on economic considerations.

Interagency cooperation (50 CFR part 402)

Another joint regulation by USFWS and NMFS is aimed at restoring the previously promulgated (2019) regulatory text governing interagency consultation frameworks. This rule would reinstate definitions of "effects of the action" and revise the definition of "environmental baseline" to emphasize conditions at the time a federal action is proposed for evaluating impacts. Additionally, the regulation would remove the 2024 regulation's "offset" provisions related to "reasonable and prudent measures" necessary to reduce "take." The rulemaking notice explains that this change is aimed at ensuring the regulation passes constitutional muster, consistent with the Supreme Court's recent 2024 decision overturning Chevron deference in Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), and continues this administration's push to preclude agency regulations from deviating from, or including concepts not expressly authorized under, statutory text.

Threatened species protections (50 CFR part 17; section 4(d))

USFWS also proposes to eliminate the "blanket rule" option and require species-specific 4(d) rules tailored to each threatened species. Again, this regulation change is being promulgated to ostensibly reflect the single best reading of the ESA under the Loper Bright standard. The rule change is aimed at ensuring only necessary protections are implemented with respect to threatened species without imposing unnecessary restrictions or permitting burdens for other species. Critically, the rule change harmonizes USFWS policy with long-standing NMFS policy and avoids differing ESA implementation between wildlife services.

Critical habitat exclusions (50 CFR part 17; section 4(b)(2))

Finally, USFWS proposes reinstating its 2020 rule, which allows consideration of multiple additional factors, including national security and economic considerations, when determining whether to designate or exclude an area from critical habitat designations.

Following promulgation of the rules, there is a 30-day public comment period. Industry and developers are widely expected to submit comments supporting the changes, in line with the previous (2019 and 2020) rules.

Should you have any questions about the implications of these rule changes on your development initiatives or wish to provide input, the DWT Land Use & Development team is ready to assist. We welcome the opportunity to support you, whether by offering insights on regulatory impacts, helping refine your strategic direction, or collaborating on future initiatives. Don't hesitate to reach out to discuss how we can partner with you to navigate these shifts.